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Keith L. Carnes v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3170 · judgment January 3, 2022


Certiorari denied · October 31, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Federal law prohibits the possession of a firearm or ammunition by any person who is “an unlawful user of or addicted to any controlled substance.” 18 U.S.C. § 922(g)(3) (emphasis added). The question presented is: Whether the government, to establish that the defendant is an “unlawful user” of a controlled substance, must show the defendant’s regular or habitual drug use, or instead may establish that element based on a single incident of drug use on the day of arrest. (I)

Counsel of record

For petitioner
Allon Kedem
Arnold & Porter Kaye Scholer LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
21A596

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 12 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Oct 11 2022
    Reply of petitioner Keith Carnes filed. (Distributed)
  4. Sep 26 2022
    Brief of respondent United States in opposition filed.
  5. Aug 25 2022
    Brief amicus curiae of Drug Policy Alliance filed.
  6. Aug 25 2022
    Brief amicus curiae of Cato Institute filed.
  7. Aug 18 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
  8. Aug 17 2022
    Motion to extend the time to file a response from August 25, 2022 to September 26, 2022, submitted to The Clerk.
  9. Jul 22 2022
    Petition for a writ of certiorari filed. (Response due August 25, 2022)
  10. Apr 12 2022
    Application (21A596) granted by Justice Kavanaugh extending the time to file until July 22, 2022.
  11. Apr 07 2022
    Application (21A596) to extend the time to file a petition for a writ of certiorari from May 24, 2022 to July 22, 2022, submitted to Justice Kavanaugh.